Kundan Ashok Landge And ANR v. Gera Developments Pvt. Ltd And ORS

78.WPNo.4642021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 464 OF 2021 Ravindra Dhondiba Bodke ...

Petitioner

Versus

The State of Maharashtra & Ors.

...

Respondents WITH WRIT PETITION NO. 1554 OF 2022 Kundan Ashok Landge & Anr.

...

Petitioners

Versus

Gera Developments Pvt. Ltd. & Ors.

...

Respondents Mr. Yatin Malvankar, Advocate for the Petitioners. Mrs. M. S. Bane, AGP for the Respondent No.1/State. Mr. Prashant Chawan a/w. Ms. Aishwarya Gharate i/b. Navdeep Vora & Associates, Advocate for the Respondent Nos.2 and 3.

Ms. Kanhan Phatak i/b. Mr. Nitin Dehpande, Advocate for the Respondent/PMRDA in WP/1554/2022.

CORAM:

S.V. GANGAPURWALA & M. G. SEWLIKAR, JJ.

DATED :

APRIL 18, 2022 P.C.

1.

We have heard the learned Counsel for the petitioners, respondent and learned AGP for the Respondents/State. 2.

It appears that the grievance of the petitioners and the MIDC is that the land of the petitioners is required to be acquired.

3.

The learned Advocate for the respondent/MIDC submits that the land of the petitioners needs to be acquired Gaikwad RD 1/2

78.WPNo.4642021.doc and proposal for acquisition is forwarded to the Competent Authority of the MIDC and the Competent Authority will forward it to the High Power Committee. The High Power Committee would approve the same and then it would be placed before the Government.

4.

It is expected that the respondent MIDC and its Competent Authority would proceed with the process expeditiously and the decision would be taken by the Competent Authority preferably within four months from today.

5.

The parties may also explore the possibility of negotiations. If the acquisition is not fructifed by the private negotiations, then the process requires to be undertaken under the MIDC Act for acquisition. The same shall be resorted to.

6.

The compensation amount has to be determined as per the provisions of the Right to Fair Compensation and Transparency in Acquisition, Resettlement and Rehabilitation Act, 2013.

7.

The writ petitions are accordingly disposed of. No costs.

(M. G. SEWLIKAR, J.) (S.V. GANGAPURWALA, J.) Digitally signed by RAJU DATTATRAYA GAIKWAD Date:

2022.04.19 19:46:48 +0530 RAJU DATTATRAYA GAIKWAD Gaikwad RD 2/2